Two asylum seekers, aged 24 and 25, who pretended to be children, won a high court battle against the council, who doubted the claims, and dropped them off at a hotel for adults before examining the age.
- Three asylum seekers arrived in the UK in August and September last year
- The Home Office thought they were all over 25 so put them in the Adult Holiday Inn
- But all three said they were children and the Brent Council agreed to assess
- This gave rise to a legal rule that meant they were to be treated as minors until trial.
- The assessment came back and said that two of them were over the age of 24
- The High Court judge said that the children should have been treated till the examination results came.
- was a child of three and was only 16 years old and should not have been in the hotel
- Council may face cost and relief payments now judge has ruled
The asylum seekers who left themselves in adult housing as children won a high court battle with a council – despite both of them now being ruled to be over 24.
They were among three men who arrived in the UK in August and September last year and were all kept at the Holiday Inn in Wembley.
The Home Office decided to keep all three at the hotel, which was designated for adults, and about 180 others were already there.
were from two Afghanistan And one was from Sudan and it was believed that they were all over 25.
But later the trio – who arrived at different times and do not know each other – contacted the Brent Council, saying they were children and that it was agreed that they should all have an age assessment.
And today High Court Judge Mr Justice Poole ruled that the council had acted unlawfully, because from that moment it had not considered them minors.
He said that because it was agreed that they should be age-assessed, it introduced statutory guidance meaning they should be treated as minors until testing returns.
This is irrespective of age-assessment, one of the later Afghan migrants was 24 and a Sudanese refugee was 25. The other Afghan national was a child and only 16 years old.
The Home Office thought all three were over the age of 25, so put them in the adult-designated Holiday Inn.
All three said they were children and the Brent Council agreed to conduct an assessment, leading to legislation.
The latest decision comes a year after parents feared that an older man had started school.
The judge, who is based in London, outlined his reasoning in a written ruling published on Monday after considering arguments at a high court hearing earlier this month.
He said there was no evidence that “potential children” at the hotel were “protected from exposure to adult strangers” and that no evidence was taken to promote the welfare of the three asylum seekers.
Lawyers representing the council told the judge that the asylum seekers had been provided with suitable accommodation and said that their “physical appearance and conduct” was strongly indicative of an “adult male of at least 25 years”.
Mr Justice Poole said each of the three has now been ‘assessed for age’ and provided with proper accommodation.
He added: ‘It was unreasonable for the respondent local authority to determine that it did not appear that these three claimants were in need of accommodation, and that the local authority was in breach of its duty under section 20 of the Children Act 1989. Denied accommodation to these three claimants pending the result of their age determination.
‘The decisions of the respondent in these three cases of not accommodating the claimants under section 20 of the Children’s Act 1989 were unlawful.’
Home Secretary Priti Patel is considering trying to X-ray migrants’ age
The council may face cost and relief payments now that the decision has been published. It did not respond to MailOnline’s request for comment.
It is the latest development in a long-running debate about how the age of asylum seekers without identity cards should be assessed.
Last year a schoolboy, who claimed to be 15 years old but looked 40 years old, disappeared from classes after half term in October.
Parents at the school in Coventry had previously expressed doubts about the student seeking an asylum, who is said to have moved to the UK from The Gambia, West Africa.
The Home Office launched an ‘immediate investigation’ into the matter after the city council wrote to the parents to reassure them of the situation.
The school said it was able to verify the student’s age, but did not explain how – further concerns about the bald male.
Asylum seekers who are actual victims of war, terror and humanitarian disasters will have the right to financial assistance with housing up to the age of 25. Asylum rules cover children under the age of 18.
Earlier this month it was announced that migrants may face X-ray screening to test their age before being granted asylum to ensure they are not lying.
Priti Patel is set to unveil new powers to use ‘scientifically verifiable’ methods to confirm a person’s age.
Amendments under the National and Borders Bill are understood to allow X-rays of the forearm – which accurately report the maturity of the skeletal system.
But they are believed to be targeted only at those suspected of lying about their age to increase their chances of asylum.
This would bring the UK up to date with other European countries and the US, which use dental X-rays.
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